International Trade Commission 2012 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Balloon Dissection Devices and Products Containing Same, DN 2925; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).

Notice is hereby given that the U.S. International Trade Commission has determined to review the presiding administrative law judge's (``ALJ'') final initial determination (``ID'') issued on October 22, 2012, finding no violation of section 337 of the Tariff Act of 1930, (as amended), 19 U.S.C. 1337 (``section 337''), in the above- captioned investigation. The Commission has also determined to remand- in-part the investigation to the ALJ.

Since February 1991, the U.S. International Trade Commission (``Commission'') has issued an annual report on the status of its practice with respect to violations of its administrative protective orders (``APOs'') under title VII of the Tariff Act of 1930, in response to a direction contained in the Conference Report to the Customs and Trade Act of 1990. Over time, the Commission has added to its report discussions of APO breaches in Commission proceedings other than under title VII and violations of the Commission's rules including the rule on bracketing business proprietary information (``BPI'') (the ``24-hour rule''), 19 CFR 207.3(c). This notice provides a summary of investigations completed during calendar year 2011 of breaches in proceedings under title VII and section 337 of the Tariff Act of 1930. There were no rules violation investigations completed in 2011. The Commission intends that this report inform representatives of parties to Commission proceedings as to some specific types of APO breaches encountered by the Commission and the corresponding types of actions the Commission has taken.

The United States International Trade Commission (Commission) is instituting investigation No. 1205-10 for the purpose of making recommendations to the President with respect to modifying provisions of chapters 29, 30, 37, and 85 of the Harmonized Tariff Schedule of the United States (HTS). The goods involved include certain sensitized photographic film, video game console controllers, and chemical compounds. The Commission's proposed recommendations follow as an annex to this notice.

Notice is hereby given that the U.S. International Trade Commission has determined to grant the joint motion to terminate the above-referenced investigation based upon settlement.

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 11) granting a joint motion to terminate the above-captioned investigation as to Respondents Trans World International (New York), Inc., Green Wave International, Inc., and John Calarese & Co. (collectively, the ``Green Wave Respondents'') on the basis of a settlement agreement.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an ID (Order No. 30) of the administrative law judge (``ALJ'') granting a joint motion to terminate the investigation. The investigation is hereby terminated.

The Commission has determined to deny a request to conduct a portion of its hearing in the above-captioned investigations scheduled for December 13, 2012 in camera. See Commission rules 207.24(d), 201.13(m) and 201.36(b)(4) (19 CFR 207.24(d), 201.13(m) and 201.36(b)(4)).

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 9) granting unopposed motions to terminate the above-captioned investigation based on a settlement agreement. The investigation is terminated.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 48) of the presiding administrative law judge (``ALJ''): (1) Extending the target date for completion of the above- captioned investigation by nine days to March 7, 2013; and (2) finding the remaining respondent Pandigital, Inc. (``Pandigital'') of Dublin, California in default and in violation of section 337. The Commission also is requesting written submissions including submissions on remedy, the public interest, and bonding.

The subject five-year review was initiated in October 2012 to determine whether revocation of the antidumping duty order on folding metal tables and chairs from China would be likely to lead to continuation or recurrence of material injury. On November 29, 2012, the Department of Commerce published notice that it was revoking the order effective October 21, 2012, ``{b{time} ecause the domestic interested parties did not participate in this sunset review * * *'' (77 FR 71168, November 29, 2012). Accordingly, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. Sec. 1675(c)), the subject review is terminated.

Notice is hereby given that the U.S. International Trade Commission has determined the following: (1) To review and affirm (a) the finding that Mitsubishi Gas Chemical Co., Inc. (``MGC'') does not satisfy the 70 mole % limitation, and (b) the claim construction of ``inert gas atmosphere'' with respect to the asserted claims of U.S. Patent No. 7,910,340 (``the `340 patent''); (2) to review and vacate the finding that certain asserted claims of the `340 patent are not invalid under the new matter prohibition of 35 U.S.C. 132; and (3) not to review the remainder of the final initial determination of the administrative law judge (``ALJ'') in the above-captioned investigation. This action terminates the investigation.

The Commission hereby gives notice of the scheduling of full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) (the Act) to determine whether termination of the suspended investigations on lemon juice from Argentina and Mexico would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).

The Commission hereby gives notice that it has instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty order on low enriched uranium from France would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; \1\ to be assured of consideration, the deadline for responses is January 2, 2013. Comments on the adequacy of responses may be filed with the Commission by February 15, 2013. For further information concerning the conduct of this review and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207), as most recently amended at 74 FR 2847 (January 16, 2009).

The Commission hereby gives notice of the institution of an investigation and commencement of a preliminary phase antidumping investigation No. 731-TA-1205 (Preliminary) under section 733(a) of the Tariff Act of 1930 (19 U.S.C.1673b(a)) (the Act) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports from China of silica bricks and shapes, provided for in subheading 6902.20.10 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value. Unless the Department of Commerce extends the time for initiation pursuant to section 732(c)(1)(B) of the Act (19 U.S.C.1673a(c)(1)(B)), the Commission must reach a preliminary determination in antidumping investigations in 45 days, or in this case by December 31, 2012. The Commission's views are due at Commerce within five business days thereafter, or by January 8, 2013. For further information concerning the conduct of this investigation and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207). DATES: Effective Date: November 15, 2012.

Notice is hereby given that the U.S. International Trade Commission has determined to affirm-in-part, reverse-in-part, modify- in-part, and vacate-in-part an enforcement initial determination (``EID'') of the presiding administrative law judge (``ALJ'') finding a violation of the August 13, 2010 consent order (``Consent Order'') by respondent uPI Semiconductor Corp. (``uPI'') of Hsinchu, Taiwan, and has issued a modified consent order and civil penalty order in the amount of $620,000 directed against uPI.

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 60) of the presiding administrative law judge (``ALJ'') granting a motion by complainant to terminate the investigation in its entirety based upon withdrawal of the complaint.

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 24) terminating the above-captioned in its entirety based on withdrawal of the complaint.

The Commission hereby gives notice that it will proceed with full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) to determine whether termination of the suspended investigations on lemon juice from Argentina and Mexico would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date. For further information concerning the conduct of these reviews and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).